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TERMS & CONDITIONS

photography terms and conditions

A. Session Fees

Client agrees to pay the photographer a retainer at the time of booking to secure their appointment date and time. This is a non-refundable retainer fee that goes toward your session. The balance is due at the time of the session. The session fee covers the time and talent of the photographer, basic retouching and creative editing of images, as determined by the photographer, and images (amount depending on session) to be stored. Additional editing is available at additional expense to be determined by the photographer. Additional prints or digital images may be available for purchase.

B. Location Costs & Fees

If there are any costs/fees associated with the location the client has chosen for their session, you, the client, will be responsible for those fees. The photographer will not guarantee or arrange payment on any location. The fee covers travel within 30 minutes of the city.   Any location outside of these limits will be subject to an additional charge of $.52/mile as part of the agreement.

C. Rescheduling

If an illness or situation prevents a photo session from taking place, the client may reschedule their session at least 24 hours prior to their shoot without penalty. Should the client fail to give 24 hours notice, or decide to completely cancel the shoot, this session fee is forfeited and will not be refunded. Photographer reserves the right to reschedule due to illness, weather, equipment malfunction, or other circumstances beyond their control.

D. Re-shoots / Refunds

Re-shoots are determined at the discretion of the photographer. Re-shoots and refunds will not be given for poor choices of clothing, make-up, hair or weather-related issues, or by not following the recommendations of the photographer.

web design & development terms and conditions

A. website hosting payment terms

Billing for website hosting service will commence when the website hosting service is created, prior to development of a new website project. Website hosting services are invoiced monthly. Payment is due by the 15th of the current month’s hosting service. Termination of Website Hosting Services with Sonikpixel requires a 30-day advance notification via phone, e-mail or postal mail. If a customer chooses to activate their domain name through Sonikpixel, their domain name registration will expire with their hosting service. Iceberg reserves the right to change the rates by notifying customers 60 days in advance of the effective date of the change. Iceberg reserves the right to cancel hosting service at any time.

B. payment terms website development

A. Custom Website Development: Iceberg requires a minimum of 50% down payment on all custom website development and design services. Down payment on website development is non-refundable, and down payment amount may be modified at Sonikpixel’s discretion. The final balance is due 15 days from completion of website development project. If Sonikpixel is developing a website that is not also hosted by Sonikpixel, final payment for the project must be received prior to project launch or relinquishing ownership to customer. Should a development project span more than 30 days, customer will receive progress billing in the amount of at least 25% of the remaining balance each month, beginning on day 30 of development. Ongoing website maintenance and updates are billed on the 1st calendar day of the following month.

 

B. Semi-Custom Website Development: Iceberg requires the first month for semi-custom website subscription services, and full payment for any add-ons, upon order completion and prior to development. Monthly service will be billed on the first day of each calendar month, for as long as the service remains active.

C. general payment terms

Payment is due 15 days after the date of an invoice for all services. Accounts are in default if payment is not received 20 days after the invoice date. If customer pays by check that does not clear, the customer is immediately in default and subject to a returned check charge of $35. Accounts unpaid 60 days after date of invoice will be subject to service interruption. Such interruption does not relieve you from the obligation to pay the monthly charge. Accounts in default are subject to an interest charge of $5.00 or 1.5% per month on the outstanding balance, whichever is greater. If your state law does not allow an interest rate of 1.5% per month, the maximum allowable rate for your state will be charged. If you default, you agree to pay sonikpixel its reasonable expenses, including attorney and collection agency fees, incurred in enforcing its rights under these Terms and Conditions.

D. content responsibilities

The customer is responsible for all content posted or stored on their web hosting space. Iceberg exercises no control over the content or information contained on the servers used for hosting. Iceberg will not be responsible for any direct, indirect, or consequential damages which may result from the use of this service by its customers or any other related or unrelated third parties. Iceberg is not responsible for backing up data or recovering data in case of loss on the customer’s behalf. There are no warranties expressed or implied for the services the Iceberg provides or the software used by the customer.

e. service interruptions

Iceberg is not responsible for interruptions of service beyond its control. This includes interruptions by its suppliers and natural disasters.

f. account credentials

The customer agrees to keep all user IDs and access codes/passwords confidential. Sharing of account information and passwords is strictly forbidden. If a customer believes that his user ID or password has been compromised, the customer agrees to contact Iceberg immediately via e-mail or telephone.

G. governing laws

Sonikpixel Web Design’s office is located in East Haven, Connecticut. This agreement will be performed in and governed by the laws of the State of Connecticut. Any claims or legal action arising out of this Service Agreement must be instituted within one year after the claim or cause has arisen. Iceberg reserves the right to discontinue service for violation of any of the conditions of this service agreement.

All claims, disputes, and controversies arising out of or in relation to the performance, interpretation, application, or enforcement of this agreement, including but not limited to breach thereof, shall be referred to mediation before, and as a condition precedent to, the initiation of any adjudicative action or proceeding, including arbitration.

H. content and terms of use

All services provided by Sonikpixel may be used only in accordance of the law. Storage, documentation, transmission, or presentation of information or data that violates US Federal, State, or City law is strictly prohibited. This includes, but is not limited to, copyrighted or plagiarized material, racist or threatening material, material that is obscene, pornography, “adult only” content, or material protected by other statute.

Sonikpixel prohibits website hosting customers from participating in pirating unlicensed software, pirating mp3 files, listing hacker programs or archives, hosting warez websites, pornography. The customer agrees to indemnify and hold Sonikpixel harmless from any claims resulting from his/her use of Iceberg Web Design’s services that damage the customer or another party. Use of Sonikpixel web hosting and e-mail Services to send Unsolicited Commercial E-mail (UCE or “SPAM”) is strictly prohibited and may be cause for immediate account termination. The customer agrees to pay Sonikpixel any reasonable expenses, including attorney and system administration fees, incurred in responding to complaints and damages caused by the action of sending Unsolicited Commercial E-mail.

I. ADHERENCE TO PROPOSAL

It is the responsibility of the customer to review in full all proposals for website development, website design, and other services provided by Iceberg. Should services or resources fall above the scope of the original proposal, Iceberg reserves the right to either refuse project add-ons or invoice appropriately to account for additional time and materials needed. Payment for add-ons that fall above the scope of the original project is due prior to development or net 15 days, at Iceberg’s discretion.

J. ADHERENCE TO PROPOSAL

It is the responsibility of the customer to review in full all proposals for website development, website design, and other services provided by Iceberg. Should services or resources fall above the scope of the original proposal, Sonikpixel reserves the right to either refuse project add-ons or invoice appropriately to account for additional time and materials needed. Payment for add-ons that fall above the scope of the original project is due prior to development or net 15 days, at Sonipixel’s discretion.

k. project timeline

It is the responsibility of the customer to review the project timeline and adhere to the dates for deliverables on their part. Failure to meet deadlines imposed by Sonikpixel will result in delay of project, or risk putting the project on hold. Sonikpixel may invoice customer for additional resources should the delay of a project interrupt Iceberg’s workflow. Indefinite delay of a project may result in project termination, and a new development agreement must be reached prior to restarting the project. Down payments for services are non-refundable, and will not be returned to customer should a project be delayed or terminated as a result of the customer failing to adhere to project timeline.

l. termination/cancelation policy

Sonikpixel requires a 30-day notice prior to canceling a website hosting account.  Upon cancellation, you will be sent a bill with your final balance (up to 30 days after notification) after your cancel request. At the time of cancellation, all website files, email accounts, and e-mails will be deleted from our server; you are responsible for requesting a backup of these files should you need them for future use.